Legal Opinion

McCowen, Probst, Menaugh Co. v. Short

Indiana Court of Appeals

Decided January 30, 1918No. 9,464Published

From Orange Oircnit .Court; William E. Paynter, Judge. Action oy Oscar F. Short against the McCowen, Prohst, Menaugh Company and another. From a judgment for plaintiff, the defendants appeal.

1Opinion

On Petition eor Behearing.

Felt, J.

Appellants’ learned counsel in their briefs on petition for a rehearing contend that the opinion in this case is unwarranted, and urge especially that the court in affirming the judgment has done so on grounds not presented by appellee’s brief, *476and for the further reason that appellee has waived all right to interpose any objection to the form of interrogatory No. 7, because he interposed no objection to its submission by the trial court.

9. As to the first proposition, it is sufficient to say that it has long been the rule of the Supreme Court, and of this…

2Cases cited6 opinions

  1. Kraus v. LehmanIndiana Supreme Court · 1908
  2. State ex rel. Good v. JohnIndiana Supreme Court · 1908
  3. Huber Manufacturing Co. v. BlessingIndiana Court of Appeals · 1912
  4. Rich v. StarbuckIndiana Supreme Court · 1875
  5. Inland Steel Co. v. KiesslingIndiana Supreme Court · 1915

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